it is the enduring importance of marriage that
underlies the petitioners’ contentions. This, they say, is
their whole point. Far from seeking to devalue marriage,
the petitioners seek it for themselves because of their
respect—and need—for its privileges and responsibilities.
And their immutable nature dictates that same-sex marriage
is their only real path to this profound commitment.
Recounting the circumstances of three of these cases
illustrates the urgency of the petitioners’ cause from their
perspective.
Petitioner James Obergefell, a plaintiff in the
Ohio case, met John Arthur over two decades ago. They
fell in love and started a life together, establishing a lasting,
committed relation. In 2011, however, Arthur was
diagnosed with amyotrophic lateral sclerosis, or ALS.
This debilitating disease is progressive, with no known
cure. Two years ago, Obergefell and Arthur decided to
commit to one another, resolving to marry before Arthur
died. To fulfill their mutual promise, they traveled from
Ohio to Maryland, where same-sex marriage was legal. It
was difficult for Arthur to move, and so the couple were
wed inside a medical transport plane as it remained on the
tarmac in Baltimore. Three months later, Arthur died.
Ohio law does not permit Obergefell to be listed as the
surviving spouse on Arthur’s death certificate. By statute,
they must remain strangers even in death, a stateimposed
separation Obergefell deems “hurtful for the rest
of time.” App. in No. 14–556 etc., p. 38. He brought suit
to be shown as the surviving spouse on Arthur’s death
certificate.
April DeBoer and Jayne Rowse are co-plaintiffs in the
case from Michigan. They celebrated a commitment ceremony
to honor their permanent relation in 2007. They
both work as nurses, DeBoer in a neonatal unit and Rowse
in an emergency unit. In 2009, DeBoer and Rowse fostered
and then adopted a baby boy. Later that same year,
they welcomed another son into their family. The new
baby, born prematurely and abandoned by his biological
mother, required around-the-clock care. The next year, a
baby girl with special needs joined their family. Michigan,
however, permits only opposite-sex married couples or
single individuals to adopt, so each child can have only one
woman as his or her legal parent. If an emergency were to
arise, schools and hospitals may treat the three children
as if they had only one parent. And, were tragedy to befall
either DeBoer or Rowse, the other would have no legal
rights over the children she had not been permitted to
adopt. This couple seeks relief from the continuing uncertainty
their unmarried status creates in their lives.
Army Reserve Sergeant First Class Ijpe DeKoe and his
partner Thomas Kostura, co-plaintiffs in the Tennessee
case, fell in love. In 2011, DeKoe received orders to deploy
to Afghanistan. Before leaving, he and Kostura married
in New York. A week later, DeKoe began his deployment,
which lasted for almost a year. When he returned, the two
settled in Tennessee, where DeKoe works full-time for the
Army Reserve. Their lawful marriage is stripped from
them whenever they reside in Tennessee, returning and
disappearing as they travel across state lines. DeKoe, who
served this Nation to preserve the freedom the Constitution
protects, must endure a substantial burden.
The cases now before the Court involve other petitioners
as well, each with their own experiences. Their stories
reveal that they seek not to denigrate marriage but rather
to live their lives, or honor their spouses’ memory, joined
by its bond.